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Deducting Rent for an LLC Partnership

In 2020, I had an LLC with a partner with the address listed as my apartment. For my apartment, I shared it with two roommates and split the rent. Since I worked out of the apartment for the LLC, would I be able to deduct what I paid for the rent (split 1/3)? Thanks.

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3 Replies
M-MTax
Level 11

Deducting Rent for an LLC Partnership

You're asking for trouble unless you have a dedicated space used for LLC business and nothing else. Even at that it would be better if you had an agreement with the LLC to rent the space from you.

Deducting Rent for an LLC Partnership

All of the partners need to seek local professional assistance to set up the workings of the partnership correctly including the books so that things can be done correctly and legally.   And if you did not put the partnership return on extension when it was due on 3/15 then it is racking up penalties at the rate of $195 per partner per month.  

Deducting Rent for an LLC Partnership

not only would a specific area need to be used but also the roommates could never use that space.  the taxpayer would have a hard time convincing an IRS agent that any of the rent he pays qualifies for the home office deduction. 

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